Case law
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226 F. Supp. 2d 489 · District Court, S.D. New York · Oct 4, 2002
the supervisor liable were clearly established at the time of the violation. … I conclude that Bigger is entitled to qualified immunity in this situation. In essence, plaintiff argues that Bigger cannot acquire qualified immunity by accident.
Cited 13 timesPublished68 F.R.D. 574 · District Court, E.D. Washington · Sep 26, 1975
to plaintiff’s burden of proving malice or unreasonable disregard of his clearly established constitutional rights. … Defendants argue that they seek immunity on the narrow basis of the extent of plaintiff’s “clearly established constitutional rights” at the time of the alleged civil rights violations and not on the basis of legal advice
Criticized by Aranson v. Schroeder, 140 N.H. 359 (1995)Cited 342 timesPublished97 F.3d 1218 · Court of Appeals for the Ninth Circuit · Oct 7, 1996
of qualified immunity. … The district court further denied summary judgment on qualified immunity grounds because “discharging a public employee in retaliation for protected speech violated clearly established law of which a reasonable person would
Cited 31 timesPublished526 F. Supp. 2d 44 · District Court, District of Columbia · Nov 26, 2007
Qualified immunity “shield[s officials] from liability for civil damages insofar as [the official’s] conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Thus the right is not clearly established, and Robinson is entitled to qualified immunity from this claim. Accordingly, the court dismisses the plaintiffs’ constitutional claim.
Cited 6 timesPublished585 F.3d 901 · Court of Appeals for the Sixth Circuit · Nov 4, 2009
Plaintiff Chappell correctly points out that the district court’s denial of qualified immunity is not based on a pure question of law, but on two clearly identified factual issues. … Qualified immunity shields government officials from liability for civil damages if their actions did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
Cited 452 timesPublishedMorinville v. Old Colony Cooperative Bank
579 F. Supp. 1498 · District Court, D. Rhode Island · Feb 10, 1984
conduct not previously identified as unlawful____ If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … the rule could be deemed to not have been clearly established.
Cited 2 timesPublishedDerrick Newman v. James Guedry
703 F.3d 757 · Court of Appeals for the Fifth Circuit · Dec 21, 2012
and on the § 1983 claim on the basis of qualified immunity. … The officers maintain that their conduct was not objectively unreasonable in light of clearly established law at the time of the incident.
Cited 244 timesPublishedTexas Tech University Health Sciences Center - El Paso v. Gloria Bustillos
556 S.W.3d 394 · Texas Court of Appeals, 8th District (El Paso) · Jun 13, 2018
First, the federal court’s ruling was based on “qualified immunity” which evaluates whether there was a violation of a constitutional right and whether that right was clearly established at the time. … (recognizing that the terms “official immunity” and “qualified immunity” are often used interchangeably, but that the doctrines are separate defenses; qualified immunity applies when federal law claims are raised while
Cited 5 timesPublishedWilliams v. County of Sullivan
157 F.R.D. 6 · District Court, S.D. New York · Jul 26, 1994
the legal rules that were ‘clearly established’ at the time it was taken.” … Thus “until the threshold immunity question [of whether the law was clearly established at the time an action occurred] is resolved, discovery should not be allowed,” Harlow, 457 U.S. at 818 , 102 S.Ct. at 2738 .
Cited 6 timesPublishedFrancis Dougherty v. Philadelphia School District
772 F.3d 979 · Court of Appeals for the Third Circuit · Nov 21, 2014
“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Having found a violation of Dougherty’s First Amendment rights, the second prong of the qualified immunity analysis requires us to determine whether that right was “clearly established.”
Cited 138 timesPublished366 F. Supp. 3d 863 · District Court, E.D. Kentucky · Aug 2, 2018
"Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery." Mitchell v. … of qualified immunity."
Cited 23 timesPublished872 F. Supp. 2d 647 · District Court, M.D. Tennessee · Jan 26, 2012
Our Circuit’s clearly established case law on this issue put the school and its employees on notice that this search was unconstitutional, so defendants are not entitled to qualified immunity protection. … to qualified immunity. 4.
Cited 3 timesPublished12 F. Supp. 2d 640 · District Court, E.D. Michigan · Jul 1, 1998
whether the conduct of which the plaintiff complains violated clearly established law.” … Defendants are entitled to qualified immunity as to plaintiffs ADA and Rehabilitation Act claims because plaintiff has failed to show that defendants violated a clearly established right of which they should have known. 4
Cited 12 timesPublished900 F.2d 1229 · Court of Appeals for the Eighth Circuit · Apr 9, 1990
The standard we must apply in deciding whether the defendants are entitled to qualified immunity is well established. … Ajans on the basis of qualified immunity.
Cited 92 timesPublishedChristopher Jones v. Howard Skolnik
671 F. App'x 560 · Court of Appeals for the Ninth Circuit · Dec 16, 2016
a claim of violation of clearly established law"). 2. … When we address the issue of qualified immunity at the pleading stage, we ask whether the complaint "allege[s] facts sufficient to support [a] claim[] that [the defendant’s] conduct violated [the plaintiff’s] clearly established
Cited 0 timesUnpublished101 F.3d 1151 · Court of Appeals for the Sixth Circuit · Dec 9, 1996
Dickerson were objectively unreasonable in light of the clearly established law regarding the knock and announce rule and its exceptions." … because they did not violate Dickerson's clearly established constitutional right to be free from excessive force.
Cited 152 timesPublishedRich v. Montpelier Supervisory District
167 Vt. 415 · Supreme Court of Vermont · Jan 23, 1998
He misunderstands the role of the objective standard in qualified immunity analysis. … , on the basis of nothing more than the official’s pretextual assertions, that the allegedly unconstitutional conduct contravened no clearly established law.’”
Cited 16 timesPublished297 Mich. App. 446 · Michigan Court of Appeals · Jul 31, 2012
Therefore, when the immunity granted in MCL 333.26424(a) is read in context with MCL 333.26422(b) and (c), it is plain that the immunity was not intended to exempt qualified medical-marijuana users from federal prosecutions … The CSA provisions do not preempt the MMMA’s grant of immunity as found in MCL 333.26424(a) because it is well established that Congress cannot require the states to enforce federal law.
Cited 35 timesPublished57 F. Supp. 3d 599 · District Court, E.D. Virginia · Nov 5, 2014
DISCUSSION “Qualified immunity protects government officials who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v. … Greene, 593 F.3d 348, 358 (4th Cir.2010). *607 “The Supreme Court has cautioned against interpreting clearly established law too generally for féar of allowing plaintiffs ‘to convert the rule of qualified immunity ... into
Cited 4 timesPublishedRussell v. City of Tupelo, Mississippi
District Court, N.D. Mississippi · Jun 16, 2021
Clifton, 29 F.3d 1012 (5th Cir. 1994) (holding that law enforcement officers are entitled to qualified immunity “unless it is shown that, at the time of the incident, [the officer] violated a clearly established constitutional … An officer may successfully invoke the defense of qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
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